By Rajesh Pandey
The Allahabad High Court has stayed the demolition of Madina Masjid of Fatehpur district till the next date of listing of this matter.
Hearing a writ petition filed by one Hairder Ali, who is president of Waqf Sunni Madina Masjid committee, Justice Manish Kumar Nigam directed the state government to file reply in this case within two weeks and also directed to list this case on May 23, 2025.
The court made it clear that till the next date of listing, the demolition will not be carried out in pursuance of the order dated August 22, 2024, passed by the revenue authorities of the state.
During the court proceedings, the counsel for the petitioner contended that the order for demolition of the aforesaid Madina Masjid was passed merely on the basis that the petitioner had encroached upon the land of the Gaon Sabha.
Emphasizing on the legal aspect, the petitioner’s counsel further contended that in proceedings under section 67 of the Uttar Pradesh Revenue Code, 2006, an order has been passed against the petitioner without complying the mandate of the judgment passed in case of Rishipal and others v. State of U.P. and others passed in Writ C No. 1192 of 2013.
It was further contended by learned counsel for the petitioner that the entire proceedings were concluded within 26 days and no opportunity was granted to the petitioner to file evidence in support of his case.
It has been further contended by learned counsel for the petitioner that while deciding the proceedings under Section 67 of the U.P. Revenue Code, 2006, no finding has been recorded on the objections raised by the petitioner and order has been passed merely on the basis that the petitioner has encroached upon the land of the Gaon Sabha.
The appeal filed by the petitioner has also been rejected.
Section 67 of the Uttar Pradesh Revenue Code, 2006, deals with actions taken against persons who damage, misappropriate, or wrongfully occupy government land or land belonging to a local authority, including the Gram Panchayat (Gaon Sabha).
While holding that the matter requires consideration, the court in its order dated April 17 has fixed May 23, 2025 as the next date of hearing.
